عن تأثير السكوت في تحقق ركن التراضي في عقد البيع

Abstract EN

Silence affects the realization of the element of consent in sale contracts, whether in its existence or in its validity.

As for its existence, if the general rule is that the contractor, to whom the offer is directed, must express his will by acceptance or rejection, so his silence is not considered as an acceptance.

However, the legislator mentioned some exceptions where silence could be considered as an acceptance in some sales, as it can express either acceptance of the sale under the condition of prior experience, or rejection in relation to the sale under the condition of taste.

Silence also affects the validity of the consent in sale contracts through its role in permitting voidable sale contracts because of lack of capacity, in addition to its role in establishing the defect of fraud.